The conduct of companies on the market is a subject of increasing public sector regulation today. There are rules about this in the Danish Marketing Practices Act, and a number of special laws, including for example, rules on foods and medicines. Rules will often have come about because of the EU Treaty, and will thus be found in directives and provisions issued by the EU, which can make it difficult for a company to get a quick overview of the rules.
According to the Danish Marketing Practices Act, the company must trade in accordance with good marketing practice and what that means in more detail, is set out by the courts of law and the Consumer Ombudsman’s practice. It can therefore be central, that you have an insight into the practice that is developed within marketing law.
INTERLEX Advokater has extensive insight and experience in counselling companies within marketing law, including in relation to where the limits lie for good marketing practice with regard to consumers. In addition, we have extensive experience with cases between commercial operators, e.g. cases about imitation products and how to ensure against misuse and protection of the company’s business secrets.
Furthermore, we have insight into the Act on Processing of Personal Data rules about the use of personal data in marketing and will therefore be able assist in assessing whether marketing campaigns are in accordance with the legislation.
Finally, we have experience in assisting with submitting proposed marketing initiatives to the Consumer Ombudsman for the purpose of gaining its pre-approval for this.